TERMS & CONDITIONS
1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of FormingBands.co.uk, in relation to this site and the services offered by FormingBands.co.uk through it (the "FormingBands.co.uk Service"). By registering for the FormingBands.co.uk Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the FormingBands.co.uk Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the FormingBands.co.uk Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2 Types of membership. People who register for the FormingBands.co.uk Service become "Members". They must be at least 16 years of age. The Membership divides between those who decide to pay our fee for membership (which we call "Members"), and those who do not ("Users"). As well as being able to browse the FormingBands.co.uk Service like any visitor to it, Users may:
- enter their name, email address and some other details of their band or themselves which appear on the FormingBands.co.uk Service and which may be updated at any time;
- upload photographs and MP3s - view all other registered Users' and Members' details as displayed on the site;
- receive automated emails when another user registers who matches their search criteria;
- contact other users and members to guage interest in meeting up.
In addition to the facilities available to Users, Members may:
- receive the email addresses of both Users and Members on the site who have consented to the release of their contact details;
- post messages on any messageboards which may be available through the formingbands.co.uk Service;
We are not an internet service provider, however. In order to avail of the FormingBands.co.uk Service, you must have internet access and all the software (and skills) required for email and web usage.
3 Important Note: Membership. If you decide to become a Member, and therefore pay our Membership fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Membership will last for one month. If you wish to continue with Membership after the expiry of that one month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Membership.
4. Registration. You undertake to register for the FormingBands.co.uk Service using accurate and current information about yourself - including your correct name/band name, address and any other requested details. If you do not log in for a period of two months you're details will be taken down. You will be notified before this happens in case you wish to log in and therefore re-start the two month period.
5 privacy policy. FormingBands.co.uk's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the FormingBands.co.uk Service (including any which contain personal information) is, of course, accessible to internet users around the world.
6 FormingBands.co.uk's Role. You, whether you are a Member or just a User who visits the FormingBands.co.uk Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the FormingBands.co.uk Service or outside of it. We only provide a venue where the FormingBands.co.uk Service may be accessed. In particular, you should be aware that FormingBands.co.uk does not pre-screen or monitor the material contributed by Members.
7 Additional services. FormingBands.co.uk or its affiliates may offer new or additional services through the FormingBands.co.uk Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the FormingBands.co.uk Service in an appropriate manner (as determined by FormingBands.co.uk in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8 Operation of FormingBands.co.uk Services. FormingBands.co.uk reserves the right to withdraw or modify one or more aspects of the FormingBands.co.uk Service where we have legal or technical reasons to do so (including technical difficulties experienced by FormingBands.co.uk or on the Internet). There may also be times when the FormingBands.co.uk Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the FormingBands.co.uk Service.
9 Misuse of FormingBands.co.uk Service. We reserve the right (a) to suspend or terminate any Member's access to the FormingBands.co.uk Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the FormingBands.co.uk Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the FormingBands.co.uk Service without our prior consent. You are responsible for everything which is done on or through the FormingBands.co.uk Service while your Membership account is logged on to the FormingBands.co.uk Service, or through your email address(es).
10 Relevance. The FormingBands.co.uk Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, User and Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the FormingBands.co.uk Service - Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the FormingBands.co.uk Service for any business or commercial purpose;
- or use your access to the FormingBands.co.uk Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
11 Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant FormingBands.co.uk Service.
(ii) Fees paid by a Member will not be rebated or refunded by FormingBands.co.uk, unless the FormingBands.co.uk Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.
(iii) If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
(iv) It is the member's responsibility to cancel any paypal subscription service should they wish to discontinue membership
We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the FormingBands.co.uk Service, nor any activity or communication you make in connection with any FormingBands.co.uk Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
13 Alerting FormingBands.co.uk. If you see anything on the FormingBands.co.uk Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us. We do not generally monitor material contributed by Members before it is placed on the FormingBands.co.uk Service, and so we are reliant upon users to point out any which infringes this Agreement.
14 Withdrawal of material and Termination of Membership. Each User and Member acknowledges that we are entitled to withdraw any material on the FormingBands.co.uk Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the FormingBands.co.uk Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the FormingBands.co.uk Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the FormingBands.co.uk Service.
15 Disclaimer and Release. FormingBands.co.uk has no control over or responsibility for the truth or accuracy of any material available on the FormingBands.co.uk Service, whether provided by Members or others.
- If any third party sites are linked to from the FormingBands.co.uk Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the FormingBands.co.uk Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the FormingBands.co.uk Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release FormingBands.co.uk its directors, contractors and employees from all liability arising out of or in connection with the FormingBands.co.uk Service and the material included here by Members and other third parties.
16 Intellectual property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the FormingBands.co.uk Service (including the material which is contributed by Members) are owned by FormingBands.co.uk. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the FormingBands.co.uk Service, or any of the material which is found on the FormingBands.co.uk Service unless properly licensed to do so by us. By submitting any material to the content to the FormingBands.co.uk Service, you are:
- representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere;
- and authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17 Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). FormingBands.co.uk will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18 Maximum liability. Without limiting the preceding Clause, during any period of one month, the aggregate liability of FormingBands.co.uk under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £1.50, or (b) an amount equal to the sums paid by you to us by way of Membership fees during the relevant period of one month, regardless of the cause or form of action.
19 Non-excluded Liabilities. Nothing in this Agreement limits FormingBands.co.uk's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the FormingBands.co.uk Service.
21 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of FormingBands.co.uk assign or dispose of this Agreement.
22 Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the FormingBands.co.uk Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23 Changes to this Agreement. FormingBands.co.uk reserves the right to change this Agreement from time to time, and post the new version on the FormingBands.co.uk Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.FormingBands.co.uk), and the new version of these terms and conditions will take effect, and will govern all FormingBands.co.uk Services and your relationship with FormingBands.co.uk:
- commencing four weeks after the date of posting (or such later date as FormingBands.co.uk indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the FormingBands.co.uk Service; or
- immediately upon the date of posting (or such later date as FormingBands.co.uk indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of FormingBands.co.uk's addresses or email addresses referred to in this Agreement.
24 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. 26 Contact. You can contact us by post at FormingBands Address. Please do not send cheques to this address. If you wish to pay by cheque please make the payable to FormingBands Ltd and send them to FormingBands Address. Please make sure you include your email address with all correspondence.
